Comelec-7 legal officer, Lionel Marco Castillano, said the commission could not act against these materials posted in areas, especially private places, before the start of the campaign period or before a person or political group would be officially considered a candidate for the May 14 polls.
Comelec Resolution No. 7707 prescribes that the campaign period for senators and political parties, and organizations or coalitions participating under a party-list, is from February 13 to May 12.
During this period, the Comelec could only go after campaign materials that are posted in undesignated poster areas.
The issue of posting political materials at this time arose when people saw posters of the Alliance of Nationalism and Democracy, or ANAD, party-list that are pasted in some areas of the city.
The ANAD posters are made of old newspapers and carried a message of its advocacy against communism and terrorism.
Castillano said it could not be ascertained yet if ANAD party-list has already filed its intent to participate in the party-list system because the filing of such manifestation is normally done at the Comelec central office in Manila, like those of the senatorial candidates.
Comelec-7 regional director Rene Buac earlier said that incumbents or aspiring politicians that have begun activities of "courting votes" in some places could not be charged for premature campaigning unless they already filed their certificates of candidacy.
Buac admitted that the Comelec is helpless against actions of some politicians that are obviously aimed at gathering support for their candidacies should they finally filed their formal bid for a particular position.
This early, a number of incumbents and would-be candidates in Cebu have begun making moves, which are obviously political in nature, such as distributing health cards or other favors to their constituents, and appearing in advertisements under the cover of various messages.
March 29 is the deadline for the filing of candidacy for local positions and March 30 is the start of the election campaign period. - Gregg M. Rubio